Common use of Negotiation Clause in Contracts

Negotiation. Notwithstanding Section 30.11.1, at the request of the Developer the ISO and Connecting Transmission Owner shall begin negotiations with the Developer concerning the LGIA and its appendices at any time after the Developer executes the Class Year Interconnection Facilities Study Agreement. The ISO, Connecting Transmission Owner and the Developer shall finalize the appendices and negotiate concerning any disputed provisions of the draft LGIA and its appendices subject to the six (6) month time limitation specified below in this Section 30.11.2. If the Developer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft LGIA pursuant to Section 30.11.1 and request submission of the unexecuted LGIA to FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.5. If the Developer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer has not executed the LGIA, requested filing of an unexecuted LGIA, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 within six (6) months of tender of draft LGIA, it shall be deemed to have withdrawn its Interconnection Request.

Negotiation. Notwithstanding Section 30.11.1, at the request of the Developer the ISO NYISO and Connecting Transmission Owner shall begin negotiations with the Developer concerning the LGIA and its appendices at any time after the Developer executes the Class Year Interconnection Facilities Study Agreement. The ISONYISO, Connecting Transmission Owner and the Developer shall finalize the appendices and negotiate concerning any disputed provisions of the draft LGIA and its appendices subject to the six (6) month time limitation specified below in this Section 30.11.2. If the Developer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft LGIA pursuant to Section 30.11.1 and request submission of the unexecuted LGIA to FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.5. If the Developer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer has not executed the LGIA, requested filing of an unexecuted LGIA, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 within six (6) months of tender of draft LGIA, it shall be deemed to have withdrawn its Interconnection Request.

Negotiation. Notwithstanding Section 30.11.111.1, at the request of the Developer the ISO and Connecting Interconnection Customer Transmission Owner Provider shall begin negotiations with the Developer Interconnection Customer concerning the appendices to the LGIA and its appendices at any time after the Developer Interconnection Customer executes the Class Year Interconnection Facilities Study Agreement. The ISO, Connecting Transmission Owner Provider and the Developer Interconnection Customer shall finalize the appendices and negotiate concerning any disputed provisions of the appendices to the draft LGIA and its appendices subject to for not more than sixty (60) Calendar Days after tender of the six (6) month time limitation specified below in this Section 30.11.2final Interconnection Facilities Study Report. If the Developer Interconnection Customer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft LGIA pursuant to Section 30.11.1 11.1 and request submission of the unexecuted LGIA to with FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.513.5. If the Developer Interconnection Customer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer Interconnection Customer has not executed the LGIA, requested filing of an unexecuted LGIA, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 13.5 within six sixty (660) months Calendar Days of tender of draft LGIA, it shall be deemed to have withdrawn its Interconnection Request. Transmission Provider shall provide to Interconnection Customer a final LGIA within fifteen (15) Business Days after the completion of the negotiation process.

Negotiation. Notwithstanding Section 30.11.1, at the request of the Developer the ISO NYISO and Connecting Transmission Owner shall begin negotiations with the Developer concerning the LGIA and its appendices at any time after the Developer executes the Class Year Interconnection Facilities Study Agreement. The ISONYISO, Connecting Transmission Owner and the Developer shall finalize the appendices and negotiate concerning any disputed provisions of the draft LGIA and its appendices for not more than sixty (60) Calendar Days after tender of the final Interconnection Facilities Study Report subject to the six (6) month time limitation specified below in this Section 30.11.2. If the Developer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft LGIA pursuant to Section 30.11.1 and request submission of the unexecuted LGIA to FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.5. If the Developer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer has not executed the LGIA, requested filing of an unexecuted LGIA, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 within six sixty (60) Calendar dayssix (6) months of tender of draft LGIA, it shall be deemed to have withdrawn its Interconnection Request. The NYISO and Connecting Transmission Owner shall provide to the Developer a final LGIA within fifteen (15) Business Days after the completion of the negotiation process.

Negotiation. Notwithstanding Section 30.11.111.1, at the request of the Developer the ISO and Connecting Interconnection Customer Transmission Owner Provider shall begin negotiations with the Developer Interconnection Customer concerning the appendices to the LGIA and its appendices at any time after the Developer Interconnection Customer executes the Class Year Interconnection Facilities Study Agreement. The ISO, Connecting Transmission Owner Provider and the Developer Interconnection Customer shall finalize the appendices and negotiate concerning any disputed provisions of the appendices to the draft LGIA and its appendices subject to for not more than sixty (60) Calendar Days after tender of the six (6) month time limitation specified below in this Section 30.11.2final Interconnection Facilities Study Report. If the Developer Interconnection Customer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft LGIA pursuant to Section 30.11.1 11.1 and request submission of the that service commence under an unexecuted LGIA LGIA, subject to FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.513.5. If the Developer Interconnection Customer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute that service commence under anunexecuted LGIA, subject toDispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer Interconnection Customer has not executed the LGIA, requested filing of an service underan unexecuted LGIA, or initiated subject to Dispute Resolution Resolution, procedures pursuant to Section 30.13.5 13.5 within six sixty (660) months Calendar Days of tender of draft LGIA, it shall be deemed to have withdrawn its Interconnection Request. Transmission Provider shall provide to Interconnection Customer a final LGIA within fifteen (15) Business Days after the completion of the negotiation process.

Negotiation. Notwithstanding Section 30.11.1, at the request of the Developer the ISO NYISO and Connecting Transmission Owner shall begin negotiations with the Developer concerning the LGIA and its appendices at any time after the Developer executes the Class Year Interconnection Facilities Study Agreement. The ISONYISO, Connecting Transmission Owner and the Developer shall finalize the appendices and negotiate concerning any disputed provisions of the draft LGIA and its appendices subject to for not more than sixty (60) Calendar Days after tender of the six (6) month time limitation specified below in this Section 30.11.2final Interconnection Facilities Study Report. If the Developer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft LGIA pursuant to Section 30.11.1 and request submission of the unexecuted LGIA to FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.5. If the Developer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer has not executed the LGIA, requested filing of an unexecuted LGIA, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 within six sixty (660) months Calendar days of tender of draft LGIA, it shall be deemed to have withdrawn its Interconnection Request. The NYISO and Connecting Transmission Owner shall provide to the Developer a final LGIA within fifteen (15) Business Days after the completion of the negotiation process.

Negotiation. Notwithstanding Section 30.11.122.11.1, at the request of the Developer Transmission Developer, the ISO and Connecting Transmission Owner shall begin negotiations with the Transmission Developer concerning the LGIA Transmission Project Interconnection Agreement and its appendices at any time after the Transmission Developer executes completes the Class Year Interconnection Facilities Study Agreement. The ISO, Connecting Transmission Owner and the Transmission Developer shall finalize the appendices and negotiate concerning any disputed provisions of the draft LGIA Transmission Project Interconnection Agreement and its appendices subject to the six (6) month time limitation specified below in this Section 30.11.222.11.2. If the Transmission Developer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft LGIA Transmission Project Interconnection Agreement pursuant to Section 30.11.1 22.11.1 and request submission of the unexecuted LGIA Transmission Project Interconnection Agreement to FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.522.13.5. If the Transmission Developer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA Transmission Project Interconnection Agreement or initiate Dispute Resolution, it shall be deemed to have withdrawn its Transmission Interconnection RequestApplication. Unless otherwise agreed by the Parties, if the Transmission Developer has not executed the LGIATransmission Project Interconnection Agreement, requested filing of an unexecuted LGIATransmission Project Interconnection Agreement, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 22.13.5 within six (6) months of tender of draft LGIATransmission Project Interconnection Agreement, it shall be deemed to have withdrawn its Transmission Interconnection RequestApplication.

Negotiation. Notwithstanding Section 30.11.111.1, at the request of the Developer the ISO and Connecting Interconnection Customer Transmission Owner Provider shall begin negotiations with the Developer Interconnection Customer concerning the appendices to the QF-LGIA and its appendices at any time after the Developer Interconnection Customer executes the Class Year Interconnection Facilities Study Agreement. The ISO, Connecting Transmission Owner Provider and the Developer Interconnection Customer shall finalize the appendices and negotiate concerning any disputed provisions of the draft LGIA and its appendices subject to the six draft QF-LGIA for not more than sixty (660) month time limitation specified below in this Section 30.11.2Calendar Days after tender of the final Interconnection Facilities Study Report. If the Developer Interconnection Customer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft QF-LGIA pursuant to Section 30.11.1 11.1 and request submission of the unexecuted LGIA to FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.513.5. If the Developer Interconnection Customer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer Interconnection Customer has not executed the LGIA, requested filing of an unexecuted QF-LGIA, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 13.5 within six sixty (660) months Calendar Days of tender of draft QF-LGIA, it shall be deemed to have withdrawn its Interconnection Request. Transmission Provider shall provide to Interconnection Customer a final QF-LGIA within fifteen (15) Business Days after the completion of the negotiation process.

Negotiation. Notwithstanding Section 30.11.1Article 11.1, at the request of the Developer the ISO and Connecting Interconnection Customer Transmission Owner Provider shall begin negotiations with the Developer Interconnection Customer concerning the appendices to the QF- LGIA and its appendices at any time after the Developer Interconnection Customer executes the Class Year Interconnection Facilities Study Agreement. The ISO, Connecting Transmission Owner Provider and the Developer Interconnection Customer shall finalize the appendices and negotiate concerning any disputed provisions of the draft LGIA and its appendices subject to the six draft QF-LGIA for not more than sixty (660) month time limitation specified below in this Section 30.11.2Calendar Days after tender of the final Interconnection Facilities Study Report. If the Developer Interconnection Customer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft QF-LGIA pursuant to Section 30.11.1 Article 11.1 and request submission of the unexecuted LGIA to FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.5Article 13.5. If the Developer Interconnection Customer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer Interconnection Customer has not executed the LGIA, requested filing of an unexecuted QF-LGIA, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 Article 13.5 within six sixty (660) months Calendar Days of tender of draft QF-LGIA, it shall be deemed to have withdrawn its Interconnection Request. Transmission Provider shall provide to Interconnection Customer a final QF-LGIA within fifteen (15) Business Days after the completion of the negotiation process.

Negotiation. Notwithstanding Section 30.11.1, at the request of the Developer the ISO NYISOISO and Connecting Transmission Owner shall begin negotiations with the Developer concerning the LGIA and its appendices at any time after the Developer executes the Class Year Interconnection Facilities Study Agreement. The ISONYISOISO, Connecting Transmission Owner and the Developer shall finalize the appendices and negotiate concerning any disputed provisions of the draft LGIA and its appendices subject to the six (6) month time limitation specified below in this Section 30.11.2. If the Developer determines that negotiations are at an impasse, it may request termination of the negotiations at any time after tender of the draft LGIA pursuant to Section 30.11.1 and request submission of the unexecuted LGIA to FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.5. If the Developer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer has not executed the LGIA, requested filing of an unexecuted LGIA, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 within six (6) months of tender of draft LGIA, it shall be deemed to have withdrawn its Interconnection Request.

Negotiation. Notwithstanding Section 30.11.114.1, at the request of the Developer the ISO and Connecting Interconnection Customer Transmission Owner Provider shall begin negotiations with the Developer Interconnection Customer concerning the appendices to the LGIA and its appendices at any time after the Developer Interconnection Customer executes the Class Year Interconnection Facilities Study Agreement. The ISO, Connecting Transmission Owner Provider and the Developer Interconnection Customer shall finalize the appendices and negotiate concerning any disputed provisions of the appendices to the draft LGIA and its appendices subject to for not more than sixty (60) Calendar Days after tender of the six (6) month time limitation specified below in this Section 30.11.2final Interconnection Facilities Study Report. If the Developer Interconnection Customer determines that negotiations are at an impasse, it Interconnection Customer may request termination of the negotiations at any time after tender of the draft LGIA pursuant to Section 30.11.1 14.1 and request submission of the unexecuted LGIA to with FERC or initiate Dispute Resolution procedures pursuant to Section 30.13.516.6. If the Developer Interconnection Customer requests termination of the negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its Interconnection Request. Unless otherwise agreed by the Parties, if the Developer Interconnection Customer has not executed the LGIA, requested filing of an unexecuted LGIA, or initiated Dispute Resolution procedures pursuant to Section 30.13.5 16.6 within six sixty (660) months Calendar Days of tender of draft LGIA, it shall be deemed to have withdrawn its Interconnection Request. Transmission Provider shall provide to Interconnection Customer a final LGIA within fifteen (15) Business Days after the completion of the negotiation process.